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Operational Guidelines for DUI Enforcement and Investigation

• DUI enforcement and investigation have become more sophisticated due to heightened public concern and the need for precise techniques.

• A driver/operator is anyone who drives or controls a vehicle on any public or private road in Florida.

• DUI is defined as driving or controlling a vehicle while under the influence of alcohol, drugs, or any substance that impairs normal faculties.

• Traffic/DUI enforcement officers are specially trained to apprehend and process impaired drivers.

• Drug Recognition Experts (DREs) are law enforcement officers trained to identify drug-impaired drivers.

• Visual cues that suggest a driver may be intoxicated include wide radius turns, weaving, and erratic braking.

• When an officer suspects impairment, they should initiate a traffic stop and observe the driver's appearance, behavior, and speech.

• Officers should request drivers suspected of impairment to perform standardized field sobriety tasks (SFST) to evaluate the extent of impairment.

• The three SFSTs are horizontal gaze nystagmus, walk and turn, and one-leg stand.

• If probable cause is established, the officer may arrest the driver for DUI and request a breath sample.

• Refusal to provide a breath sample may result in a citation for refusal to submit to testing.

• Documentation of DUI arrests requires an incident report that covers probable cause, SFST administration, and arrestee behavior, among other details.Guidelines for Blood and Urine Sample Collection in DUI Investigations

• If a traffic crash involves suspected impairment, the officer must inform the driver that a criminal investigation is being conducted and read them their Miranda warnings.

• Blood samples may be collected from drivers involved in a serious injury or death crash if there is probable cause of impairment, but a forced blood draw should only occur with a search warrant or consent from the suspect.

• If a DUI suspect refuses to cooperate with testing, they should be charged for refusal even if a warrant is obtained later.

• A forced blood draw may be appropriate if the suspect is unconscious or incapable of consent or refusal, and the DHSMV must be notified of any fatality or serious bodily injury resulting from impairment.

• Serious bodily injury examples include unconsciousness, paralysis, severe bleeding, broken bones, or permanent disfigurement, and a blood draw without a warrant should only be done as a last resort.

• Officers investigating fatal or potentially fatal crashes must consult with the State Attorney's Office before filing any charges, including traffic citations.

• Blood collection kits must not be expired, and authorized personnel such as licensed paramedics or nurses must draw the blood while the officer witnesses the withdrawal.

• Urine collection kits require the officer to witness the subject urinate into the container and complete a security seal and chain of custody form.

• Commercial vehicle operators cannot operate with any alcohol in their system, and a breath test may be requested if there is an odor of alcohol on their breath.

• If a second officer is needed to complete a DUI investigation, the original stopping officer will provide the citation/written warning and act as the backup officer while the Traffic/DUI Enforcement Officer initiates the investigation.

• If probable cause is established, an arrest will be made, and the Traffic/DUI Enforcement Officer will complete the incident report while the original stopping officer completes a written supplemental report.

• Multiple charges associated with a DUI arrest should be issued by one officer on one affidavit, except for violations of probation or warrant.